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How long is the litigation period for breach of contract

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How long is the litigation period for breach of contract


        

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  • 2024-06-15 11:01:48

    The litigation period for breach of contract is 3 years, counting from the date when the obligee knew or should have known that the right was damaged. The people's court that has been damaged for more than 20 years will not protect the right, and may apply for an appropriate extension under special circumstances.

    Legal basis

    Article 188 of the Civil Code of the People's Republic of China [Ordinary limitation of action, maximum period of protection of rights] The limitation of action to apply to the people's court for protection of civil rights is three years. If the law provides otherwise, such provisions shall prevail.
    The limitation period of action shall be counted from the date when the obligee knows or should know that his rights have been damaged and the obligor. If the law provides otherwise, such provisions shall prevail. However, if it has been more than 20 years since the date of damage to rights, the people's court shall not protect them. Under special circumstances, the people's court may decide to extend them on the application of the obligee.

    IV***

    2024-06-15 11:01:48

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